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Dismissing a case, how does it work?

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What is the name of your state? California

My stupid first ex-wife stated that she would cancel the hearing we have scheduled after I informed her that I had a stipulation and order done for the amount we agreed upon. This hearing was never necessary in the first place, and I need to figure out how to get it dismissed if she doesn't get off her big ugly you know what and have it dismissed.

What form is used to request a dismissal of a case or hearing? I need to get this paperwork and drive it over 115 miles from where I live and have her sign it because she's too freekin' lazy. Her father has been doing all the paperwork filing with the court and she has been signing the documents. He is creating a mess out of this situation that is absolutely uncalled for.

When she originally filed for a motion for modification, she did this after we had reached a verbal agreement over the phone. The courts kicked back the paperwork and she re-filed it after I have been doing what I told her I would do according to our agreements and paying the amounts to her, I said I would. 3 months later after the original filing in June (unbeknownst to me) I get served with the papers on Sep 9, for a hearing scheduled on Oct 4,.

Of course, I get the run around from her and she stated that she wanted it all done through the courts (she never told me that before). Matter of fact, she "requested" that I pay the increase rather than go through the courts and I have proof of it. So, I did what she asked and spent $100.00 doing so. The only problem, is the hearing or case needs to be dismissed by her, and I don't trust she will do it.

Am I screwed at having to attend the hearing and losing a lot of money because she is lying about custodial visitiation?

I have been out of the country for almost 6 months against my own will and she is using that against me.

Even though she will sign the stip and order for the amount we agreed upon in the first place, I'm worried about getting screwed at the hearing and my other children who need more money for their care, end up getting nothing.

Any help and advice appreciated....


Senior Member
rudiger said:
What is the name of your state? California

I have been out of the country for almost 6 months against my own will and she is using that against me.

were you kidnapped?


All I am asking for is some help. I don't know anything about family law and all the evil tricks that certain vile minded people pull behind other's backs. I simply needed to find out some information based upon what has been happening and I don't want to give partial or incomplete information.

I am going through a tough time right now trying to figure out why she is doing this to me, after agreements and all. The mess is being created by her and her father. So what! I threw extra information in there. Perhaps in my mind it's important stuff, and to you it's no big deal. Perhaps you really don't belong here helping people with the cruddy attitude you have.

I'm not asking for much, if you felt like it was too much to read, then don't read it. I prefer to get my help from somebody else who at least can understand the difficult times I am going through with this matter rather than some calloused minded person who is only concerned about formating of questions being posted or their relevance to the matter.

Maybe this was too much for you read, and too much to figure out. Please keep your help and opinions to yourself and off of MY posts!!!


Senior Member
My response:

Not a problem. Will do.

So, since you want to cry and whine with every one of your posts, and not follow the instructions to "be brief", I decided to delete my original response to you, because you'd rather have things your way. I'm tired of wading through all your crap that has nothing to do with your question. You fail to understand that some people, like me, don't care what you're going through. Why should I? It's your life, not mine. Why should I have to "live" your trials and tribulations just to answer a lousy, simple, question? Pal, I see your type of situation all the time in my practice. Why do you feel it necessary to cry on someone's shoulder just to find out what "form" you need?

Okay, your decision to not follow directions, and not want me to help you, is fine with me.

But, I just want to let you know that I'm the only California attorney on these forums who practices Family law. The rest of the contributors are not lawyers. So, you're bound to only get anecdotal information from now on.

You lost your last, best, and only chance to receive an actual legal opinion. But, like I said, that's okay with me, and I'm sure you're comfortable with that decision.

You'll notice how many other people have responded to your post. But, that's your decision.

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